Wednesday, June 8, 2011

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I see nothing wrong with this topic at this website. We had a lot of pressure on GC. The bad economy just made our life worse. We need some high spirit.

And the title clearly indicates that it is not about any specific immigration issue. People don't have to click when not interested.

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cagedcactus

10-25 08:55 AM

I have received the EAD, but no AP.... same case with my wife... We havent received our FP yet... does online status change to show FP update? Maybe folks with FP done can confirm this... thanks..

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desi3933

06-22 07:40 AM

Hi,

Can you pls help:

My wife is currently on H4. She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.

Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.

Questions are:

1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?

2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?

I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".

Please advise and help - thanks in advance.

1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

Good Luck.

Not a legal advice. ----------------------------------- Permanent Resident since May 2002

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Lisap

08-02 04:21 PM

I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa

Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:

Thanks again!

Interviews are definitely NOT instant. You have to book ahead and fill the respective embassy forms, pay the fee and take necessary documentation to the interview. The approval notice does allow one to work but in order to enter the country to start the job you need a visa in your passport.

This last message you posted poses another question. You can only get an L visa with a company if you have worked for them for one year outside of the US. How does a person file for a new L1 for a NEW company when they have been working on a previous L visa with that company. The company do the filing anyway since L's are employment based visas.

This whole story is getting more curious.

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azharuddinm

07-23 11:46 AM

i did not inculde the P.O Box is this an issue ? I used the below add for FEDEX. Nebraska Service Center 850 "S" Street, Lincoln, NE 68508

I thought of adding that in the poll as I am in a similar situation. The only difference for me is that the attorney is a very big law firm and are EXTREMELY busy. My compnay is not able to do anything either since their involvement in I-485 is negligible.

I am in a bit of a pickle here :(

How about adding "No control as Lawyer will not inform when he will file". This option may be valid for many users using the Corporate attorney.

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Atleast somebody talked abut legals and their problems...Here's the link..

http://www.uschamber.com/issues/lett...sa_program.htm

=================TEXT========================

Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

April 12, 2007

TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.

Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include: Raising the EB cap and exempting specific highly skilled professionals in sciences, arts, business, and other critical fields from the final allotted number. Allowing foreign students who have earned advanced degrees from American universities, as well as from foreign universities, in science, technology, engineering, and mathematics (STEM) to be exempt from both the EB and H-1B visa cap numbers. Designing the H-1B visa cap numbers around a market-based annual adjustment, rather than an arbitrary fixed number. The creation of an entire new visa category that would allow STEM students, studying in the United States on a student visa, to seamlessly transition to a green card when offered a job. The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.

Thank You gc_check!!

Carrie Underwood

indianabacklog

04-16 02:00 PM

they entered on a green form and no, it is not attached to the L1A Petition approval. So, they can just leave and then get stamped coming back in?

They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.

My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).

My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.

1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.

I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options

There is any other option!!

Thanks in advance.

1st PD EB3 11/17/2007 2nd PD EB2 07/27/2009

Carrie Underwood

ak27

08-15 11:10 AM

Hello,

I have filed for conversion and have been waiting since march 28th. It has been over 4 months and I am yet to hear anything. If you work for large organization then Atterney is going to scare you about possible fallout from denial. My Atterney did scare me but my job description remained exactly same so I am confident case will not be denied. However, it is painful wait but it may be worth it if there is going to be any retro relief in near future. I will post as and when I hear about my case.

I wouldn't be worried if there were some idiots in this Chinese group. The reason I'm worried is because the entire group is idiot. These Chinese are knowing shooting themselves in the foot. They are ok as long as Indians are getting shot too. If this is not dumb then I don't know what is.

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eilsoe

10-15 07:27 PM

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I'm gonna go and download those brushes right now! :P

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Bodran

05-25 02:04 PM

For some reason mine went the other way ,from Texas to Nebraska. It should have been in process at Texas but now Nebraska has retrogressed me about 5 months to March 10 2007 with my I-140 reeipt date of Aug. 16 2007. Can I complain about this? If so where?

Type : EB3 RD to TSC : Aug 16 th 2007 Concurent Filing : NO Tranfered to NSC : April 7 th 2008 Last Update : April 15 th 2008 Current Status : This case is now pending at the office to which it was transfered Approval Date : Pending

gc28262

03-25 03:33 PM

so what's the problem here.

Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.

BTW isn't I-485 for a future job ? How does the current work location matter ?

gjoe

01-03 04:38 PM

I think USCIS process cases based on the I485 RD. The IO gets the file and he approves if everything is ok with the file and assigns a visa number if it is available, they generally don't care about the PD because they don't want to go back and review the same file. They are doing their best to complete work on a file in one go instead of putting it through multiple queues and re-visiting the case again and again. Bottomline they are working effeciently by using their manpower more productively instead of going back and forth on the 1 million I485 files.

This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.